Law & Legal & Attorney Immigration Law

How to Change Your Immigration Status

    • 1). Determine the basis of your application. The most common bases are (i) an immediate relative who is a U.S. citizen or permanent resident, and (ii) employment, usually in a professional position that requires a graduate level education such as an M.S. or Ph.D. The quickest way to have your application approved is for a U.S. citizen spouse to apply on your behalf.

    • 2). Find someone to petition on your behalf. If you are applying based on a family relationship, your relative will have to petition for you using USCIS Form I-130. If your application is based on employment, your employer will have to petition on your behalf using USCIS Form I-140. Download the required initial application documents from the USCIS website (see Resources below), and have your sponsor complete your petition.

    • 3). Complete Form I-485, Application to Register Permanent Residence of Adjust Status. Form I-485 will also require you to assemble certain documents such as your birth certificate, proof of family relationship, photographs and other documents.

    • 4). Obtain police reports from every place that you have resided since your 16th birthday. Even if you have never been arrested, the USCIS will still require police certificates confirming this.

    • 5). Undergo a medical examination at a USCIS-approved medical clinic using Form I-693. The examining doctor will place this form inside a sealed envelope (which you should not open) for inclusion in your application packet.

    • 6). If your adjustment of status is based on a family relationship, the sponsoring family member should complete Form I-864, Affidavit of Support, on your behalf. By executing this form, your sponsor is providing a financial guarantee of your support in the event that you become destitute in the United States. Your sponsor's income and/or assets must equal or exceed 125% of the federal poverty line to qualify. In some cases you may choose a sponsor other than your petitioning relative. If your immigration is based on employment, you probably will not need an Affidavit of Support.

    • 7). Send the entire application packet to the USCIS office with jurisdiction over your place of residence (there is at least one USCIS office in every state).

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